ACIT, New Delhi V. Sh. B.R. Arora, New Delhi

ITA 6775/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4327 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 15-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R C DANDAY

Judgement Text

ITA NO. 6775 /DEL/2014 ASSESSMENT YEAR: 200 6 - 07 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A BENCH NEW DELHI) BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER & SHRI AMIT SHUKLA, JUDICIAL MEMBER IN ITA NO. 6775 /DEL/2014 ASSESSMENT YEARS: 200 6 - 07 ACIT CIRCLE 52(1), NEW DELHI VS. B.R. ARORA, 144, GOLF LINKS NEW DELHI (APPLICANT) (RESPONDENT) (PAN: A DFPA1217K ) REVENUE BY: SHRI R.C. DANDAY, SR. DR ASSESSEE BY: SHRI RAJ KUMAR, A R DATE OF HEARING 1 4 /09/2017 DATE OF PRONOUNCEMENT 03 / 10 /2017 ORDER PER AMIT SHUKLA, JUDICIAL MEMBER: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 19 .0 9 .2014, PASSED BY THE LD. CIT (APPEALS) - XXVI , NEW DELHI FOR THE QUANTUM OF ASSESSMENT PASSED U/S 271(1)(C ) FOR THE A.Y. 20 0 6 - 07 . IN THE GROUNDS OF APPEAL , REVENUE HAS RAISED FOLLOWING GROUNDS: - I. THE CIT (A) HAS ERRED IN DELETING THE PENALTY U/S 271(1)(C) IMPOSED BY THE A.O., SUBSTANTIVE ISSUE APPEAL IS PENDING BEFORE THE HON BLE HIGH COURT. II. THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEND ANY/ALL GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF HEARING OF APPEAL. PAGE 2 OF 3 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE QUANTUM PROCEEDINGS, NOW THE HON'BLE HIGH COURT HAS CONFIRMED THE ORDER OF THE TRIBUNAL QUASHING THE REASSESSMENT ORDER , VIDE JUDGMENT AND ORDER DATED 13.2.2014 IN ITA NO. 768/D/2014. NO T ONLY THAT EVEN ON MERITS ALSO HON BLE HIGH COURT HA S UPHELD THE ORDER OF THE TRIBUNAL. THUS , THE GROUND RAISED BY THE REVENUE TH AT SUBSTANTIVE ISSUE IS PENDING BEFORE THE HON'BLE HIGH COURT IN THE APPEAL , NOW STANDS DECIDED. THEREFORE, THE REVENUE S APPE AL SHOULD BE DISMISSED ON THIS GROUND. 3. THE LD. DR TOO FAIRLY ADMITTED THAT THE ISSUE IN THE QUANTUM PROCEEDINGS HAVE BEEN DECIDED IN FAVOUR OF THE ASSESSEE, THEREFORE, THE PENALTY LEVIED ON SUCH QUANTUM IS UNSUSTAINABLE. 4. AFTER CONSIDERING THE RIV AL SUBMISSION S AND ON PERUSAL OF THE RELEVANT MATERIALS PLACED ON RECORD , F IRST OF ALL, IT IS NOTICED THAT THE LEARNED CIT(APPEALS) HAS NOTED THAT THE TRIBUNAL HAS QUASHED THE ASSESSMENT AND ALSO DECIDED THE ISSUE ON MERITS WHICH WAS ON ACCOUNT OF D EEMED DIVIDEND. NOW THE SAID ORDER OF THE TRIBUNAL STANDS AFFIRMED BY THE JUDGMENT AND ORDER OF THE HON'BLE HIGH COURT (SUPRA). THUS , IN LIGHT OF THIS BACKGROUND, THE ENTIRE PENALTY PROCEEDINGS AND LEVY OF PENALTY HAS NO LEGS TO STAND AND THE SAME IS QUASHED. A CCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED. 5 . IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 . 10 .2017. SD/ - SD/ - ( O.P. KANT ) (AMIT SHUKLA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) DATED: 03 / 1 0 /2016 PAGE 3 OF 3 NARENDER COPY FORWARDED TO 1 . APPLICANT 2 . RESPONDENT 3 . CIT 4 . CIT (A) 5 . DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE 1. DRAFT DICTATED ON 18 .9.2017 2. DRAFT PLACED BEFORE AUTHOR 19 .9.2017 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 03.10.2017 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 03.10.2017 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.